PARDEEP KUMAR AND PAWAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) INVOKING the provisions of section 438 IPC., petitioners Pardeep Kumar and Pawan sons of Pirthi Singh, have instituted the present petition for anticipatory bail in a case registered against them alongwith their other co-accused Harish Kumar, vide FIR No.79 dated 20.8.2010, on accusation of having committed an offences punishable under sections 148, 323, 324, 506 (subsequently added offence under section 326 IPC) read with section 149 IPC by the police of Police Station Sector 14, Panchkula.

(2.) NOTICE of the petition was issued to the State.

(3.) WHAT is not disputed here is that there are direct allegations that petitioner Pardeep Kumar gave sword blows on the head and ankle, while petitioner Pawan caused a danda blow on the person of complainant Rajesh Kumar. As the weapons of offence are yet to be recovered, therefore, the custodial interrogation of the petitioners is essential in the present case. Moreover, the learned State counsel, on instructions from ASI Shish Pal, has pointed out that petitioner Pardeep Kumar is a habitual offender, history sheeted accused and is involved in another case registered against him, vide FIR No.142 dated 16.4.2007 under sections 147, 148, 307, 452 and 506 read with section 149 IPC by the police of Police Station Manimajra, Chandigarh. That means, there are direct allegations that the petitioner is indulging in such like cases.